Testimony Submitted by David Davenport, Research Fellow, Hoover Institution, Stanford University

Conclusion:

When asked what kind of government the founders had established, Benjamin Franklin is said to have responded: “A republic, if you can keep it.”

AB 459 and the National Popular Vote bill will undermine the carefully constructed federal republic and violate the intent, and even the letter, of the U.S. Constitution, all accomplished through an end-run and not even through a straightforward and transparent Constitutional amendment. It will also adversely affect elections in significant ways that have not been sufficiently studied or understood. Further, there is a reform readily available that could accomplish many of the goals of the proponents of AB 459 without violating the Constitution. I therefore urge members of the Committee to vote against AB 459.